(This note is not part of the Regulations)
These Regulations make provision in connection with appeals under section 72 of the Antisocial Behaviour etc. (Scotland) Act 2004. Appeals under that section are against the decision of a Sheriff to make a section 71 order in relation to the payment of rent following on from the service of an antisocial behaviour notice upon a landlord.
Regulation 2 prescribes the matters which are to be included in a notice to a tenant of a house which is the subject of the notice. The prescribed matters inform the tenant that an appeal has been made against the decision of the Sheriff and include a statement that the tenant may require to pay any rent which is, because of the section 71 order, not payable at the time of the notice. Section 72(5) of the Act provides that if the landlord does not notify the tenant, the sheriff principal cannot require such payments to be made, in which case the liability for rent payments resumes from the date on which the sheriff principal grants the appeal.
Regulation 3 makes provision for the manner and timing of service of the notice upon the tenant.
A Regulatory Impact Assessment has been prepared for these Regulations.